Inquiries (Evidence) Act 2003

Link to law: https://legislation.gov.im/cms/images/LEGISLATION/PRINCIPAL/2003/2003-0008/InquiriesEvidenceAct2003_1.pdf
Published: 2012-09-01

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Inquiries (Evidence) Act 2003

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AT 8 of 2003

INQUIRIES (EVIDENCE) ACT 2003

Inquiries (Evidence) Act 2003 Index


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INQUIRIES (EVIDENCE) ACT 2003

Index Section Page

1 Application of Act........................................................................................................... 5
2 Summons to give evidence at inquiry etc ................................................................... 5
3 Appearance ...................................................................................................................... 6
4 Public access .................................................................................................................... 6
5 Costs ................................................................................................................................. 7
5A Rules of procedure .......................................................................................................... 7
6 Short title etc .................................................................................................................... 9
SCHEDULE 1 11

AMENDMENT OF ENACTMENTS 11
SCHEDULE 2 11

ENACTMENTS REPEALED 11
ENDNOTES 13

TABLE OF LEGISLATION HISTORY 13
TABLE OF RENUMBERED PROVISIONS 13
TABLE OF ENDNOTE REFERENCES 13

Inquiries (Evidence) Act 2003 Section 1


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c i e
INQUIRIES (EVIDENCE) ACT 2003

Received Royal Assent: 17 June 2003
Passed: 17 June 2003
Commenced: 17 June 2003
AN ACT
to make provision for evidence, representation and attendance at
inquiries, the costs of and incidental to inquiries, and for connected purposes.
1 Application of Act

(1) This Act applies to —
(a) an inquiry held by a person appointed by the Governor, the
Governor in Council or the Council of Ministers to inquire into
any matter; or
(b) an inquiry held or caused to be held by a Department —
(i) pursuant to any statutory power to do so, or
(ii) into the proposed exercise of any function of the
Department,
where Tynwald has resolved that the powers conferred by this Act shall
be exercisable in relation to the inquiry.
(2) Where an inquiry to which this Act applies is conducted by 2 or more
persons, the powers conferred by this Act on the person conducting the
inquiry may be exercised by any of those persons.
(3) The powers conferred by this Act are in addition to and not in
substitution for the powers conferred by any other statutory provision in
relation to inquiries.
2 Summons to give evidence at inquiry etc

(1) The person conducting an inquiry to which this Act applies may —
(a) by summons require any person to attend at the inquiry at such
time and place as is specified in the summons —
(i) to give evidence, or
Section 3 Inquiries (Evidence) Act 2003


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(ii) to produce any document in his custody or under his
control which relates to any matter in question at the
inquiry; and
(b) take evidence on oath at the inquiry, and for that purpose
administer oaths, affirmations or declarations.
(2) If any person —
(a) refuses or fails without reasonable excuse to attend in obedience
to a summons issued under this section, or to give evidence, or
(b) intentionally suppresses, conceals, destroys or refuses to produce
any document which he is required to produce under this section,
or
(c) does anything which would, if the inquiry had been a court
having power to commit for contempt, have been contempt of
that court,
the person conducting the inquiry may certify the offence of that person
under his hand to the High Court.
(3) On production of a certificate under subsection (2) the High Court may
inquire into the alleged offence, and after hearing —
(a) any witnesses who may be produced against or on behalf of the
person charged, and
(b) any statement that may be offered in his defence,
may punish that person as if he had been guilty of contempt of the High
Court.
(4) A witness before an inquiry to which this Act applies shall be entitled to
the same immunities and privileges as if he were a witness in civil
proceedings before the High Court.
3 Appearance

Any person appearing to the person conducting an inquiry to which this Act
applies to be interested in the subject matter at the inquiry may appear and be
heard at the inquiry —
(a) in person,
(b) by an advocate, or
(c) with the leave of the person conducting the inquiry, by a
representative other than an advocate.
4 Public access

(1) Subject to subsection (2), a person conducting an inquiry to which this
Act applies shall not refuse to allow the public or any member of the
public to be present at any of the proceedings of the inquiry.
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(2) Subsection (1) does not apply where the person conducting the inquiry
considers that the presence of the public would be contrary to the public
interest for reasons connected with —
(a) the subject matter of the inquiry, or
(b) the nature of the evidence to be given.
(3) Subsection (1) does not prohibit the person conducting the inquiry from
excluding any person from any of the proceedings of the inquiry for the
purpose of preventing disorder.
5 Costs

(1) The person holding an inquiry falling within section 1(1)(b) may order
that a public authority interested in the subject-matter of the inquiry pay
the costs of the inquiry.
(2) The person holding an inquiry to which this Act applies may order that
the expenses (including legal costs and disbursements) incurred by any
person interested in the subject-matter of the inquiry for the purpose of
his attendance or legal representation, or both, at the inquiry be paid —
(a) by another person so interested, or
(b) by the Treasury out of money provided by Tynwald for the
purpose.
(3) The expenses the subject of an order under subsection (2) shall be —
(a) assessed in the High Court in accordance with rules of court, or
(b) if every person concerned agrees, assessed by the person holding
the inquiry.
(4) The Treasury may by regulations prescribe the rates and scales of sums
payable under subsection (2) and the conditions under which any such
sums may be allowed.
(5) The person holding an inquiry to which this Act applies may order that
the expenses of attendance of any witness at the inquiry be paid —
(a) by any person interested in the subject-matter of the inquiry, or
(b) by the Treasury out of money provided by Tynwald for the
purpose.
(6) Any person aggrieved by an order under this section may appeal to the
High Court against the order, and the High Court may confirm, vary or
quash the order.
5A Rules of procedure

(1) The Deemsters may by rules make such provision as appears to them to
be necessary or expedient in respect of the conduct of proceedings before
an inquiry to which this Act applies (‘inquiry’).
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(2) Without limiting the Deemsters’ powers under subsection (1), the
Deemsters may make rules regulating or providing for —
(a) the practice and procedure to be followed on, or in connection
with the hearing or consideration of any matter by an inquiry
(including, where applicable, the mode and burden of proof and
the admissibility of evidence);
(b) any matters preliminary or incidental to, or arising out of, the
hearing or consideration of any matter by an inquiry;
(c) the forms of hearing or consideration to be adopted by an inquiry
in relation to any matter;
(d) the keeping of records by an inquiry and the form of such records;
(e) the functions, powers and duties of an inquiry in relation to —
(i) the service of documents and giving of notices;
(ii) the enlargement of dates of hearing;
(iii) the adjournment of proceedings;
(f) the giving of evidence to an inquiry, including the giving of
evidence from a distance (for example by video link or telephone
conference);
(g) conducting the proceedings of an inquiry in the absence of
persons appearing to be interested in the subject matter of the
inquiry;
(h) the determination of the proceedings of an inquiry without a
hearing;
(i) the transfer of proceedings from one inquiry to another;
(j) the withdrawal of references;
(k) the recording, registration, publication and proof of an inquiry’s
proceedings, decisions and reports.
(3) Rules under this section may —
(a) require the inquiry to give to persons appearing to be interested in
the subject matter of the inquiry, a reasonable opportunity to see
and comment on a copy of a report of the inquiry (including any
interim reports) before it is published;
(b) require the giving of reasons for decisions, conclusions and
recommendations of an inquiry;
(c) enable or require the inquiry to exercise its jurisdiction, and to
exercise and perform the powers and duties conferred or imposed
on it (including, in particular, in relation to the giving of reasons),
in such manner provided for in the rules as prevents or limits the
disclosure of particular matters;
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(d) make provision as to the persons who may appear on behalf of
persons appearing to be interested in the subject matter of the
inquiry.
(4) In making rules under this section the Deemsters shall have regard, in
particular, to —
(a) the need to secure that matters which are the subject of
proceedings or consideration by an inquiry are properly heard
and considered;
(b) the need to secure that information is not disclosed to an extent,
or in a manner, that is contrary to the public interest or prejudicial
to national security, the prevention or detection of serious crime
or the economic well-being of the Island;
(c) the need to secure fair treatment for all witnesses and any other
person appearing to be interested in the subject matter of the
inquiry.
(5) Rules under this section may make provision by the application, with or
without modification, of any provision from time to time contained in
specified rules of court.
(6) Rules under this section shall not come into operation unless they are
approved by Tynwald.
(7) Rules under this section shall not apply to an inquiry if there are rules in
force under any other statutory provision that are specific to that inquiry
or its subject matter.1

6 Short title etc

(1) This Act may be cited as the Inquiries (Evidence) Act 2003.
(2) The enactments specified in Schedule 1 are amended in accordance with
that Schedule.
(3) The enactments specified in Schedule 2 are repealed to the extent
specified in column 3 of that Schedule.
(4) Nothing in this Act applies to an inquiry instituted before the passing of
this Act.
Inquiries (Evidence) Act 2003 Schedule 1



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SCHEDULE 1

AMENDMENT OF ENACTMENTS

Section 6(2)
[Sch 1 amends the following Acts —
Civil Evidence Act 1973 q.v.
Shipping Casualties (Inquiries, Investigations and Reports) Act 1979 q.v.
Isle of Man Passenger Transport Act 1982 q.v.
Copyright Act 1991 q.v.
Town and Country Planning Act 1999 q.v.]
SCHEDULE 2

ENACTMENTS REPEALED

Section 6(3)
[Sch 2 repeals the following Act wholly —
The Inquiries (Evidence) Act 1950
and the following Acts in part —
Fire Services Act 1984
Water Act 1991
Electricity Act 1996.]
Inquiries (Evidence) Act 2003 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 5A inserted by Tribunals Act 2006 Sch 3.